Mass. Gen. Laws ch. 94 § 10A
No person shall engage within the commonwealth in the business of manufacturing or bottling carbonated non-alcoholic beverages or water, both carbonated and noncarbonated, for human consumption without a permit to do so from the board of health of the town wherein such plant is, or is to be, located, and no person engaged without the commonwealth in said business shall sell any such beverage within the commonwealth without a permit from the state department of public health, and no person shall sell or exchange, deliver, advertise, or offer for sale or exchange, or attempt to deliver, or have in his possession with intent to do so, any such beverage unless the manufacturer and bottler thereof is the holder of a permit issued under the authority of section ten B and then in full force.
Mass. Gen. Laws ch. 94, § 10A